The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device regulations under §609 of the U.S. Departments of Commerce, Justic...

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements for the project's pipeline to cross land at a FERC-licensed hydr...

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS), concerning the impact of any possible future mining activity in ...

The court holds that a regulation of the Defense Nuclear Facilities Safety Board (Board) providing that the Board may close meetings, or portions of meetings, involving deliberations on its recommendations relating to the public health and safety, does not violate the Government in the Sunshine Act....

The court holds that an Office of Government Ethics' (OGE's) regulation allowing federal employees to accept reimbursement for expenses incurred in giving "official" speeches, but not "unofficial" speeches, is valid on its face under the First Amendment. The court first holds that the proper standar...

The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due Process Clause of the U.S. Constitution when it issued a certificate ...

The court holds that the Ninth Circuit's exclusive jurisdiction over a challenge to a final decision of the Bonneville Power Administration (BPA) turns on the action challenged and not on the lawsuit's legal theory. In order to encourage prompt action, the Northwest Power Act (NWPA) grants exclusive...

The court holds that the Interior Board of Land Appeals (IBLA) may require applicants for land allotments under the Alaska Native Allotment Act (ANAA) to prove personal use and occupancy independent of immediate family members prior to withdrawal of the land from the public domain. The IBLA denied t...

The court holds that it has jurisdiction to review a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision upholding three EPA orders against the Tennessee Valley Authority (TVA) requiring the TVA to obtain after-the-fact permits for modifications made to many of its ...

The court grants environmental groups' motion to preliminarily enjoin the U.S. Forest Service from implementing a salvage project in the Bitterroot National Forest until any administrative appeals have been resolved pursuant to the Appeals Reform Act. After the final environmental impact statement f...